Employment Law Show 640 Toronto – S10 E08

Episode Summary

Vaccine mandates, employment rights and job loss as a result of COVID-19, and more on Season 10 Episode 08 of the Employment Law Show on Global News Radio on 640 Toronto.

Listen below as Employment Lawyer Alex C. Lucifero, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Jon shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

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Episode Notes

What rights do those protesting vaccine mandates have in regards to their employment?

Most non-unionized employees who have been let go or put on unpaid leave as a result of a vaccination policy could be owed severance pay upon termination, provided there is no government mandate in place for their industry or workplace. Unionized employees must speak to their union representatives and look to their collective bargaining agreement. Employees who are unsure of their rights should speak to an employment lawyer.

Do you have to sign a termination paper immediately or by a deadline?

Employers often impose deadlines for employees to accept a severance offer or sign a termination letter in order to pressure an employee into signing. Employees have up to two years after the initial date of termination to pursue their severance entitlements. Employees should not feel pressured or intimidated by their former employers and should speak to an employment lawyer before agreeing to an offer.

Are severance calculations affected by COVID-19 for employees?

Severance is based on a number of factors including the age of an employee, the length of service as well as the position. The pandemic in some ways has affected severance as it could have made future employment possibilities for some more difficult. Employees who have been let go are often unaware of what they are actually owed.

Are you still owed severance pay if you’ve lost your job due to COVID-19?

Terminations as a result of COVID-19 do not negate severance pay for employees. In some cases, employees who have been impacted due to the pandemic could potentially be owed even more severance. Many employers have incorrectly informed employees who have been terminated due to COVID-19 that they are able to offer a much smaller severance package. Before terminating an employee, employers should speak to an employment lawyer particularly if the employee is a long-service worker.

Should employees accept a termination for cause at face value?

Employees who have been terminated for cause should not assume their employers had the right to terminate their employment in this manner. Many terminations for cause are inaccurate and employees are still owed severance pay upon termination. In order to prove termination for cause, employers have to prove that the employee in question has exhibited serious misconduct and cannot be let go for simple errors. Employees who have been terminated for cause due to their vaccination status should speak to an employment lawyer to determine their rights.

Are contractors owed severance if they are let go?

Many independent contractors have been misclassified or labelled a contractor when they are in fact employees. Individuals who do not have control over their schedule, compensation and the jobs that they are requested to work at are in fact employees. Workers who are unsure of whether or not they are contractors or employees should speak to an employment lawyer regarding their rights, particularly severance pay.

I’m currently on maternity leave and should be returning to work soon. After speaking to my employer I was told I may not have a position when I come back due to COVID-19. Would I be owed severance?

Employees on maternity leave cannot be penalized or terminated as a result of pregnancy or parental leave. Employers have an obligation to ensure an employee’s position is still there upon a return and if that is not possible a comparable position. Employees who have been terminated while on leave as a result of the pandemic will be owed severance pay, and arguably could be owed more.

LEARN MORE
• Maternity leave rights in Ontario

I’ve been laid off and will likely be recalled in a few weeks. I’ve heard from colleagues my boss is not following public health regulations. Can I refuse a return to work?

Employers are obligated to provide a healthy and safe work environment for all staff. As the pandemic continues, employers must continue to follow public health guidelines. If an employee feels their workplace is unsafe, they are permitted to refuse work and should bring their concerns with their employer. A failure to resolve the complaints permits an employee to file a complaint with the Ministry of Labour.